RES 2024040 - Laserfiche WebLink

33 4859-3312-3005v3 time and as often as occasion may arise or as may be deemed expedient, subject to any limitations referred to hereinabove. (e) No Election of Remedies. The rights given in this Section to receive, collect or sue for any rent or rents, moneys or payments, or to enforce the terms, provisions and conditions of this Lease, or to prevent the breach or nonobservance thereof, or the exercise of any such right or of any other right or remedy hereunder or otherwise granted or arising, shall not in any way affect or impair or toll the right or power of Lessor, upon the conditions and subject to the provisions in this Lease, to terminate Lessee’s right of possession because of any default in or breach of any of the covenants, provisions or conditions of this Lease that remains uncured beyond the applicable cure period. (f) Survival of Obligations. Nothing herein shall be deemed to affect the right of Lessor to indemnification for liability arising prior to the termination of the Lease for personal injuries or property damage or in connection with any other Claim, nor shall anything herein be deemed to affect the right of Lessor to equitable relief where such relief is appropriate. No expiration or termination of this Lease by operation of law or otherwise, and no repossession of the Leased Premises or any part thereof, shall relieve Lessee of any of its obligations to indemnify and defend the Indemnitees pursuant to the provisions of this Lease, and all such provisions, and all of Lessee’s accrued liabilities and obligations hereunder, shall survive such expiration, termination or repossession. (g) No Waiver. Except to the extent that Lessor may have agreed in writing, no waiver by Lessor of any breach by Lessee of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation, nor shall any forbearance by Lessor to seek a remedy for any breach by Lessee be deemed a waiver by Lessor of its rights or remedies with respect to such breach. Section 12.3 Default by Lessor. (a) Events of Default. Lessor shall be in default of this Lease if it fails to perform any Lessor obligation hereunder, and such failure is not cured within sixty (60) days after Lessee provides written notice of the default to Lessor. If the default cannot reasonably be cured within sixty (60) days, Lessor shall not be in default if Lessor commences to cure the default within such 60-day period and diligently and in good faith continues to cure the default until completion. (b) Right to Cure; Lessee’s Remedies. If a Lessor default remains uncured beyond the expiration of the applicable cure period, Lessee, at its election, but without obligation therefor (i) may seek an order for specific performance, (ii) without releasing Lessor in whole or in part from Lessor’s obligations hereunder, Lessee may cure the default at Lessor’s cost provided that Lessee has provided Lessor with sixty (60) days advance written notice of Lessee’s election to do so and Lessor has not within such time notified Lessee that Lessor will cure the default, and/or (iii) may terminate this Lease, subject to any required consent of the Lenders.